The Telecommunications (Licence Modification) (British Telecommunications plc) Regulations 1999

Annex A The Applicable Systems

1.  The Applicable Systems are telecommunication systems of every description within the United Kingdom provided that a system (“the System”) is an Applicable System only to the extent it satisfies each of the following conditions:

(a) the System is one by means of which Messages are conveyed or are to be conveyed:

(i) from one Network Termination Point to another such Point;

(ii) from a Network Termination Point to another place which is neither a Network Termination Point nor a Call Office or from such a place to such a Point;

(iii) between a place which is neither a Network Termination Point nor a Call Office and another such place where their conveyance is not by way of provision of a service to another person; or

(iv) between a Call Office and any other place,

but in any case not beyond a Network Termination Point;

(b) none of the apparatus comprised in the System is Relevant Terminal Apparatus installed on premises occupied by a person to whom there are provided telecommunication services by means of the System; and

(c) the System is not, insofar as it is within the Hull Area, connected to any Network Termination Point other than one in an item of Network Connecting Apparatus which Point exists for the purpose of connecting the System to an aircraft, a seagoing vessel or hovercraft or to another public telecommunication system run by either Kingston Communications (Hull) PLC or any other person running a public telecommunication system within the Hull Area.

2.  In this Annex:

“Applicable Terminal Equipment” means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);

“Approved Apparatus” means in relation to any system apparatus approved under section 22 of the Act for connection to that system;

“Call Office” means telecommunication apparatus not supplied by the Licensee to any particular person but made available for use by the public or a class of the public;

“Compliant Terminal Equipment” means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992;

“the Hull Area” means the area within which Kingston Communications (Hull) PLC is authorised to run telecommunication systems under a Licence granted by the Secretary of State under section 7 of the Act on 30th November 1987;

“Message” means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;

“Network Connecting Apparatus” means telecommunication apparatus comprised in the Applicable Systems which is not Network Termination and Testing Apparatus and is connected to another telecommunication system;

“Network Termination and Testing Apparatus” means an item of telecommunication apparatus comprised in the Applicable Systems installed in a fixed position on Served Premises which enables:

(i)

Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;

(ii)

the conveyance of Messages between such Apparatus and the Applicable Systems; and

(iii)

the due functioning of the Applicable Systems to be tested, but the only other functions of which, if any, are:

(A)

to supply energy between such Apparatus and the Applicable Systems;

(B)

to protect the safety or security of the operation of the Applicable Systems; or

(C)

to enable other operations exclusively related to the running of the Applicable Systems to be performed or the due functioning of any system to which the Applicable Systems are or are to be connected to be tested (separately or together with the Applicable Systems);

“Network Termination Point” means any point:

(i)

within an item of Network Connecting Apparatus at which energy in any of the forms specified in section 4(1) of the Act is conveyed directly to or from apparatus comprised in a telecommunication system other than one in which that Network Connecting Apparatus is comprised; or

(ii)

within an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus; or

(iii)

which, in the case of a radio based telecommunication system, is the last point at which Messages are transmitted, or the first point at which Messages are received in the form of electromagnetic signals, by apparatus run by a person other than the Licensee and lawfully connected to that System;

“Relevant Terminal Apparatus” means:

(i)

“Terminal Apparatus” that is to say any telecommunication apparatus installed on Served Premises by means of which Messages are initially transmitted or ultimately received except a Call Office; and

(ii)

any other telecommunication apparatus connected to the apparatus referred to in sub-paragraph (i) above constituting a system run under a Licence by the person using that Terminal Apparatus;

“seagoing vessel” includes any floating structure for the exploration for, or exploitation of, oil or gas, or similar structure, while it is not maintained on a station; and

“Served Premises” means a single set of premises in single occupation where apparatus has been installed for the purpose of the provision of telecommunication services by means of the Applicable Systems at those premises.